Indianapolis Personal Injury Lawyer - Miscellaneous

IMPD Officer Involved in Deadly Pursuit

Steve Wagner — Sat, 03 May 2008 12:59:59 GMT

Yesterday two people were killed in Indianapolis when a van being followed by an IMPD officer ran a red light, struck an SUV, and then slammed into an Indygo bus. Initial reports from the police stressed that the van was not being pursued by police. Our sources tell us that was not what happened, and, in fact, the IMPD officer was chasing the van at high speeds in the middle of the day in downtown Indianapolis. The officer involved was none other than Ronald Shelnutt, an officer whose name should be well known to Indianapolis citizens.

While it is too early to know for sure what happened yesterday, Shelnutt's involvement certainly raises concerns. He was the same officer who shot and killed stockbroker John Leaf on May 5, 2001 in John Leaf's own bedroom. I personally handled that case for the Leaf family, and it was vigorously litigated for over 4 years. In January of 2006 the taxpayers of Marion County paid what was believed to be the largest voluntary settlement by the city or county in an civil rights claim with payments totalling $1,175,000. During the course of that case we discovered a litany of citizen complaints against Shelnutt, both before and after the Leaf shooting. In fact, in 2005 Shelnutt was involved in another high speed chase on Michigan Road which ended in two deaths. A wrongful death lawsuit arising out of that incident remains pending in federal court. Moreover, Shelnutt was sued for excessive force in two other cases where he allegedly turned his police dog loose on subjects after they surrendered. Those cases were settled for confidential amounts.

The Marion County Sheriff Department should have fired Ronald Shelnutt a long time ago. They didn't have the guts to do it, and neither has the IMPD since the merger. I understand that Shelnutt was reassigned to spotter duty in a police helicopter at one time (where he presumably could do little harm), but unfortunately for the citizens of Indianapolis, he was allowed to return to road patrol. More civil rights lawsuits are certainly likely to follow. Let's hope this most recent tragedy was nothing more than a coincidence. Stay tuned.

Originally posted at InjuryBoard by Steve Wagner

Kanawha County Man Files Lawsuit After Slip and Fall at Taco Bell

Chrissie Cole — Thu, 20 Mar 2008 01:29:10 GMT

A Kanawha County man has filed a personal injury lawsuit against the national fast food chain, Taco Bell, for a slip and fall accident that occurred on February 1, 2006, when he fell on a wet floor.

The lawsuit was filed on January 30, in Kanawha Circuit Court against Taco Bell.

The man suffered severe injuries when he slipped and fell. The suit alleges, Taco Bell was negligent and should have known of the unsafe conditions.

The suit seeks damages for pain and suffering, loss of ability to enjoy life, mental anguish and significant medical bills. According to the suit, he is also seeking compensatory and punitive damages.

Originally posted at InjuryBoard by Chrissie Cole

Grassy Meadows Raw Milk Cheese May be Contaminated with Staph

Jenny Albano — Thu, 31 Jan 2008 19:03:38 GMT

High levels of staphylococcus aureus, or known as "staph", were found in several raw milk cheeses which were manufactured by Grassy Meadows dairy in Howe, Indiana.

The products that were found to contain "staph" include Colby (lot no. 210317 and 19177), Jalapeno natural cheese (lot no. 2617, 21017 and 11017), "Homemade" cheese (lot no. 19267 and 19227), Monterey Jack (lot no. 18207 and 2937), and garlic pepper cheese (lot no. 19147). All of these different cheese were sold in wedges or blocks, but were of different weights.

The products were sold in Ohio, Michigan, and Indiana. Consumers should check their refrigerators for these products and remove them. None of the cheese should be eaten if it was purchased before January 30, 2008 because it may be contaminated. The Indiana State Board of Animal Health's Dairy Division has not yet been able to identify when the staph contamination began.

Routine surveillance by The Indiana State BOAH discovered the problem during routine surveillance. All the samples taken indicated higher-than-allowed levels of staph. So far, there have been no consumer illness or complaints reported.

Grassy Meadows products were sold directly to consumers from the dairy farm, located in LaGrange County, Ind., as well as more than a dozen retail health food stores in Northeastern/Fort Wayne Indiana region. BOAH is working to secure a complete list of retails outlets that carry this product.

Staph infections can cause nausea, vomiting, abdominal cramping, headache and muscle cramping and can affect the very young, the very old and those with compromised immune systems most severely.

Originally posted at InjuryBoard by Jenny Albano

Modine Manufacturing Settles Personal Injury Lawsuit

Chrissie Cole — Wed, 30 Jan 2008 00:42:17 GMT

Modine Manufacturing Co. settled a personal injury lawsuit, Friday that accused the company of environmental contamination at a manufacturing plant that the company operates in McCullom Lake Village, Illinois.

The company has not admitted liability by agreeing to the settlement. Specific terms of the settlement were not disclosed.

Modine Manufacturing said they would propose a class settlement to federal court involving property claims and medical monitoring funds for those people that lived on or owned property in the area affected by the environmental contamination.

If you or a loved one has suffered injury due to toxic substances, you can contact one of our personal injury lawyers for a free and confidential consultation by using the form located at the right.

Originally posted at InjuryBoard by Chrissie Cole

Merck Settles Vioxx Claim for Nearly $5 Billion

Chrissie Cole — Fri, 09 Nov 2007 01:54:09 GMT

Merck & Co. has agreed to pay out a record breaking settlement of $4.85 million to settle over 26,000 state and federal lawsuits involving patients who used Vioxx, a popular pain reliever.

While this is one of the largest civil settlements in history, it represents only a fraction of the company's potential liability, which experts believe is between $10 billion and $25 billion.

Vioxx was voluntarily removed from the market in 2004 following a study that showed prolonged use of the drug increased the risk of fatal heart attacks and caused respiratory and liver problems. One year later the drug was re-approved by the FDA, but with additional warnings.

The blockbuster painkiller was associated with a doubling of heart attack risk -- 0.4% in people taking naproxen, and .1% in people taking Vioxx. Those numbers are tiny, but spread them over a few million prescriptions and the consequences are serious: the FDA estimated that Vioxx killed about 30,000 people between 1999 and 2003.

Merck contends that the elevated risks are misleading. Vioxx wasn't dangerous, but rather, naproxen protected against heart attacks. However, when post-marketing studies were conducted, Merck dragged its feet and falsified data. Most people feel that for that reason alone they are getting what they deserve.

For more information about Vioxx, please refer to our section on Vioxx Lawsuit Information.

Originally posted at InjuryBoard by Chrissie Cole

Woman Files Personal Injury Lawsuit After Slip-and-Fall Accident

Chrissie Cole — Thu, 09 Aug 2007 01:36:54 GMT

A personal injury lawsuit has been filed against a local grocery store after a woman suffered injuries when she slipped and fell in one of the aisles.

The lawsuit was filed in Berkeley Circuit Court, on July 11, against Giant Food Stores, doing business as Martin's Food Market.

While walking down the pet food aisle on July 15, 2005, she slipped and fell on a clear substance. She suffered serious and permanent injuries due to the incident.

The lawsuit claims there wasn't any notice to warn that the floor was wet, making it a hazardous condition. The suit is seeks compensatory and punitive damages.

If you or a loved one has suffered injuries in a slip-and-fall accident, please refer to personal injury lawsuits for more information.

Originally posted at InjuryBoard by Chrissie Cole

Salmonella Spread By Deli Workers?

Staff Writer — Thu, 15 Mar 2007 09:46:52 GMT

We are receiving reports that a deli worker who was infected with salmonella poisoning from eating tainted Peter Pan Peanut Butter continued to work for months after the worker became sick. The worker was employed at a Brownsburg, IN Wal-Mart and was informed by the Indiana State Department of Health that working near food or in the deli was a health-code violation.

If you live in or around Brownsburg, IN and have contracted salmonella but did not eat the tainted Peter Pan or Great Value peanut butter, it may be important to contact an attorney to protect your legal rights.

Originally posted at InjuryBoard by Staff Writer

Legal Malpractice Verdict Against Law Firm

Jason Reese — Fri, 03 Nov 2006 21:19:29 GMT

An Indianapolis jury awarded $18 million against a local law firm for commiting legal malpractice.

Fillenwarth Dennerline was on the hook because everyone else involved in the collapse of the Indiana Construction Insurance Trust already had settled with the Indiana Department of Insurance.
When the state liquidated the trust, it collected $7 million to pay back the medical claims of 8,200 Hoosiers.
Frederick Dennerline III wanted the law firm's insurance company to settle for $1 million, too, according to a separate lawsuit. He was the attorney for the trust, which was a medical insurance collective of union contractors.
The insurance company refused to settle, the case went to trial and, last week, the law firm and ProNational Insurance Co. were hit with an $18 million judgment.

This case goes to show that even lawyers can be negligent. And not just a cause simple harm to their clients, but a huge amount of harm.

Originally posted at InjuryBoard by Jason Reese

Firms Cleared in Legal Malpractice Suit

Steve Wagner — Thu, 26 Oct 2006 10:05:55 GMT

Two firms that sued a funding group for selling fraudulent securities were found not liable for failing to sue the accounting firm Arthur Andersen as well. The firms found themselves facing a legal malpractice suit nearly four years after the funding group's insurance company settled for $125 million.

A federal appeals court ruled the firms had sufficient reason for not suing Arthur Andersen in addition to the funding group.

The court noted in particular that the 1997 suit followed by only three years the U.S. Supreme Court's landmark decision in Central Bank of Denver v. First Interstate Bank of Denver, which held that third-party "aiders and abettors" could not be sued for securities fraud. This decision had created "serious doubt as to auditor securities liability," McLaughlin wrote.

Originally posted at InjuryBoard by Steve Wagner

Stephen M. Wagner, Attorney at Law

Staff Writer — Fri, 01 Sep 2006 10:52:48 GMT

Stephen M. Wagner grew up in Indianapolis and attended Brebeuf Jesuit Preparatory School where he graduated as co-valedictorian in 1987. Mr. Wagner graduated with honors from the University of Notre Dame in 1991 and received his law degree with honors from the Indiana School of Law in 1994. After being accepted to the Attorney General's Honors Program, Mr. Wagner worked for the Department of Justice in 1994-1995 as staff counsel for the Federal Bureau of Prisons in Philadelphia, Pennsylvania. In 1996 Mr. Wagner returned to Indianapolis to practice with the prestigious law firm of Riley Bennett & Egloff. In June of 1997 Mr. Wagner left Riley Bennett to found the Wagner Law Firm, P.C., where he practices exclusively in the areas of plaintiff's personal injury, civil rights, worker's compensation and medical malpractice. In June, 2000, Mr. Wagner brought in partners Jason R. Reese and Trevor J. Crossen to form Wagner Reese & Crossen, LLP, a firm dedicated to representing injury victims throughout Indiana and nationwide. In 2004, 2006, and 2007, Mr. Wagner was selected by his peers as an "Indiana Super Lawyer", an award presented to the top 5% of practicing attorneys in Indiana as published in the Indianapolis Monthly and Super Lawyer magazines. In 2006, Mr. Wagner was selected by the Indiana Trial Lawyers Association as the Trial Lawyer of the Year. He is a frequent lecturer in the areas of civil litigation and work injuries.

Originally posted at InjuryBoard by Staff Writer